Opinion
SC 164055 (178) COA 346074
05-25-2022
PEOPLE OF THE STATE OF MICHIGAN Plaintiff-Appellee, v. MENAYETTA MICHELL YEAGER, Defendant-Appellant.
Wayne CC: 17-008290-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the December 21, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall address whether: (1) the appellant's trial attorney engaged in sound strategy by failing to request a voluntary manslaughter instruction; (2) the appellant's fear of the decedent, based on the decedent's physical assault of the appellant, carjacking of the appellant, and threats to the appellant, constituted adequate "heat of passion," justifying a voluntary manslaughter instruction; (3) the decision in People v Raper, 222 Mich.App. 475 (1997), precludes a finding of prejudice from the absence of a voluntary manslaughter instruction where the appellant was convicted of first-degree murder and the jury was instructed on second-degree murder; and (4) if so, whether Raper was wrongly decided.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.